Agenda 07/08/2014 Item #16K 57/8/2014 16.K.5.
EXECUTIVE SUMMARY
Recommendation that the Board authorize the County Attorney, working in conjunction
with the County Manager, to secure an expert /consultant to assist the County Attorney in
the litigation relating to Dan A. Hughes Company, L.P.'s violation of Permit No.: 1349H,
Collier -Hogan 20 -3H Well, also to assist the County Manager and his staff as to all issues
raised by the drilling and production of oil in Collier County, and to waive any Purchasing
Ordinance provision that may be in conflict with this retention.
OBJECTIVE: To obtain the required professional expertise with respect to the issues being
raised concerning both the Hogan Island Well and new oil drilling and production in Collier
County.
CONSIDERATIONS: Collier County does not have the professional expertise to adequately
address the issues that are being raised in both the litigation relating to the Dan A. Hughes
Company permit violation and in what is required, if anything, to ensure short and long term the
public health, safety and welfare that may be jeopardized by the new multi -
dimensional/horizontal drilling, and /or hydraulic fracturing type technologies being employed in
Collier County. Finding someone with this expertise (independent of the oil industry) locally, or
even in Florida, may prove difficult.
The Purchasing Policy provides that "The acquisition of services from experts or consultants for
purposes of preparing for or defending against imminent or pending litigation or administrative
proceedings shall be exempt from all competitive requirements of this policy. Any such
acquisitions that do not exceed $50,000 may be approved by the County Attorney and the
Purchasing Department, but will be reported at a regular meeting of the Board for ratification."
I am asking the Board that it authorize me to obtain an expert in the manner set forth in the above
policy, for both my benefit and that of the County Manager, and to waive any Purchasing
Ordinance provisions that may be in conflict with this policy.
FISCAL IMPACT: 1 remain hopeful that we will receive the full assistance and cooperation of
FDEP, and if so the expected services should not exceed $50,000. If and when it appears that
additional services will be required, the matter will be brought back to the Board.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board authorize the County Attorney, working in
conjunction with the County Manager, to secure an expert/consultant to assist the County
Attorney in the litigation relating to Dan A. Hughes Company, L.P.'s violation of Permit No.:
1349H, Collier -Hogan 20 -3H Well, and also to assist the County Manager and his staff as to all
issues raised by the drilling and production of oil in Collier County, and to waive any Purchasing
Ordinance provision that may be in conflict with this retention.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney, in consultation with County Manager
staff.
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7/8/2014 16.K.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.5.
Item Summary: Recommendation that the Board authorize the County Attorney, working
in conjunction with the County Manager, to secure an expert /consultant to assist the County
Attorney in the litigation relating to Dan A. Hughes Company, L.P.'s violation of Permit No.:
1349H, Collier -Hogan 20 -3H Well, also to assist the County Manager and his staff as to all issues
raised by the drilling and production of oil in Collier County, and to waive any Purchasing
Ordinance provision that may be in conflict with this retention.
Meeting Date: 7/8/2014
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
6/30/2014 2:35:00 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 6,/30 /2014 3:03:01 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/30/2014 3:40:14 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 7/1/2014 3:05:24 PM
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